IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


V 


/. 


'<°    C^x 


A 


w- 


^<5 


1.0 


I.I 


1.25 


!riil  IIM 

|4£     IIII^O 

I-    ,.  — — ^— 

IIIW 

1-4    IIIIII.6 


V] 


<^ 


/a 


* 


o 


e^ 


^i^^V 


a^A 


Photographic 

Sciences 

Corporation 


33  WIST  MAIN  STRUT 

WEBSTER, NY.  MS80 

(716)  872-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


I 


QAft 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographicaily  unique, 
which  may  alter  any  of  £he  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  baiow. 


L'Institut  a  microfilm^  le  meilleur  exemplaire 
qu'il  lui  a  ete  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exigsr  une 
modification  dans  la  m^thode  normale  de  filmage 
sont  indiqu^s  ci-dessou^. 


□    Coloured  covers/ 
Couverture  de  couieur 

□    Covers  damaged/ 
Couverture  endommagie 

□    Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  peiliculie 

□    Cover  title  missing/ 
Le  titre  de  couverture  manque 

□    Coloured  maps/ 
Cartes  giographiques  ert  couieur 

□    Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couieur  (i.e.  autre  que  bleue  ou  noirel 

□    Colourec  plates  and/or  illustrations/ 
Planches  et/ou  illustrations  en  cculeur 


□    Coloured  p^qes/ 
Pages  de  couieur 


n 


Bound  with  other  material/ 
Relii  avac  d'autres  documants 


Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

Lareliure  senee  peut  causer  de  I'ombra  ou  de  la 
distorsion  le  long  da  la  marge  intirieur* 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  cortaines  pages  blanches  ajoutAes 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  ceia  itait  possible,  ces  pages  n'ont 
pas  M  film^es. 


D 
D 
0 
D 
0 
D 
D 
D 
D 


Pagus  damaged/ 
Pages  endommag^es 

Pages  restored  and/or  laminated/ 
Pages  restaurees  et/ou  pellicu'des 

Pages  discoloured,  stained  or  foxed/ 
Pages  ddcolor^es,  tachet^es  ou  piquees 

Pages  detached/ 
Pages  ddtachees 

Showthrough/ 
Transparence 

Quality  of  print  varies/ 
Qualiti  inigale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  mat<iriel  suppl^mentaire 

Only  edition  available/ 
Seule  Edition  disponible 

^ages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partieilement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  M  filmAes  A  nouveau  de  facon  ^ 
obtanir  la  meilleure  image  possible. 


V 


Additional  comments:/ 
Commentaires  supplAmentaires: 


Wrinkled  pages  may  film  slightly  out  of  focus. 


This  item  is  filmed  at  ihe  reduction  ratio  checked  below/ 

Ce  document  est  film^i  au  taux  de  reduction  indlqu*  ci-dessout. 


10X 

14X 

18X 

22X 

26X 

30X 

f"^^ 

y 

12X 


16X 


20X 


24X 


28X 


32X 


is 

u 

ifier 

ne 

ige 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

National  Library  of  Canada 


The  images  appearing  here  are  the  best  quality 
possible  considerinj  the  condition  and  legibility 
of  the  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


L'exemplaire  film6  fut  reprodcit  grdce  d  la 
g6n6ro8it6  de: 

Bibliothdque  nationale  du  Canada 


Les  images  suivantes  ont  dtd  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmago. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  irrpres- 
sion,  or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦-  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  filmds  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impressiort  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film^s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'Impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  pace  qui  comporte  una  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  — ►  signifie  "A  SUIVRE",  He 
symbole  V  sign:fia  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmds  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  6tre 
reproduit  en  un  seul  c!ich6.  il  est  film6  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n6cessaire.  Les  diagrammes  suivants 
Ulustrent  la  mdthode. 


ata 


ilure, 


3 


2X 


1 

2 

3 

1 

2 

3 

4 

5 

6 

I 


UPOI 


M< 


</. 


/I 


f/b. 


THOUGHTS 


UPON  THE  CON13UCTOFOUR  ADMINISTRATION, 


m  BELATION  iBOTH  TO 


Ql^EAT  BRITAIN  ANh  FRANCE, 


MOB^  ESPECIALLY  IN  REFEaENCE  TO  THE  LATE 


^GOTIATION,  CONCERNING 


THE  ATTACK  0^  THE  CHESAPEAKE, 


s. 


BY  A  PMEND  TO  PEACE. 


fMlHtMD  AV  VOR  MBPBRfoar   OFFICE, 


'sv: 


I 


«' 


.^  u-«. 


'^  'uj  i.^-4mmMWK^  ^^'i^' 


•ih 


I 


EDITOR»s  PREFACE. 


IT  ought  not  to  be  necessary  to  apolog'''ze  for  ary  attempt  to  en- 
lighten the  people,  as  to  their  true  interests  ;  in  other  countries,  it 
would  not  be  so.  But  by  some  singular  fatality,  a  notion  iias  prevail- 
ed, here,  and  more  especially  among  those  whp  style  themselves  by 
way  of  eminence,  Republicans,  that  the  maxim*  which  the  Ancients 
applied  to  the  dead,  should  apply  to  ourselves — "  JV7Z  nisi  banuir^  (^ 
JVoAis  :"  ♦,'  Let  us  hear  nothing  of  ourselves,  but  what  is  flattering." 
Hence  that  excc;ssive  national  vanity,  that  extravagant  miscalculation 
of  our  resources,  our  power,  our  means  of  annoyance,  our  national 
spirit,  which  nothing  but  misfortune  can  ever  correct. 

If  as  a  nation  we  aj;e  thus  liable  to  err,  and  especially  if,  as 
flUr  Constitutions  of  Government  prf^siune,  our  rulers  mcy  either  mis- 
take, or  be  corrupted,  deceive  or  betray  us,  it  is  important  that  wc 
should  have  the  whole  truth  laid  before  us,  in  order  that  we  may  cor- 
rect these  errours,  ci^er  in  ourselves  or  in  them.  The  gros&est  mis- 
takes have  been  made  by  the  people  of  this  country,  as  to  the  real  dis- 
positions of  the  two  gi'cat  be.iigerent  nations.  We  have  been  taught 
to  consider  France  as  our  friend — Great-Britain  as  our  enemy  :  Trance 
a*  favourable  to  the  freedom  of  the  seas  ;  Great-Britain  its  foe*  It 
would  have  been  happy  if  we  could  have  said,  that  our  Adminiutration 
has  done  nothing  to  rivet  these  radical  mistakes.  But  events  have 
partly  done  what  reason  alone  could  never  have  effected.  The  headr 
strong  and  successful  ambition  of  Bonaparte  has  torn  away  a  part 
of  the  veil,  and  it  only  behoves  us  to  examine  with  impartiality  what 
is  disclosed  to  us,  and  we  shall  be  cured  q;f  that  dreadfxil  malady,  ouv 
.attachment  to  France. 

With  a  view  to  aid  in  this  object,  these  thoughts  are  committed 
to  the  press.  If  it  be  asked,  why  the  subject  of  the  Chesapeake  and 
the  rejection  of  Mr.  Rose's  huiiourablc  offers  i»  again  brought  before 
the  publick,  am}  at  tliis  day  ?— the  answ  cr  has  been  already  anticipa- 
ted. No  people  are  so  unwilling  to  hear  the  truth,  as  those  who  aro 
inflamed  with  passipn.  Our  anger  and  our  self  love  were  so  excited 
When  these  things  were  recent,  that  the  still,  calm  voice  of  reason 
co'ild  not  be  heard.  But  since  it  appears  from  some  late  events,  that 
the  People  begin  to  consider,  and  to  reject  the  hot-headed  counsel* 
and  passionate  appeals  of  some  zealous  partizans,  it  is  possible  that 
the  views,  which  ere  herein  exhibited,  may  have  a  salutary  efiecl. 
This  may  be  relied  upon,  that  they  arc  the  words  of  trutli  and  sober- 
ness, the  fruit  of  much  reflection,  and  ofn?  yxdinury  share  of  cxpcti- 
.cpce  in  tlxc  aJfalrs  of  the  worUi. 


THOUGHTS,  &c. 


h<»H 


T. 


HE  Proelamatiom  Excluding  British  men  ofwarfeom 
AmertcMi  waters,  is  a  aelf-assumed  remedy,  aimed  against  a 
nation,  for  the  unauthorized  act  of  one  of  ita  officers.     Mr.  Mad- 
ison  allows,  that  the  President  conceived  the  act  of  this  officer 
unauthorized,  from  the  first  ;  that  dates  seemed  to  shew  this ; 
that  the  British  had  before  disavowed  an  act  of  this  sort,  in  the 
case  of  the  United  States*  ves^l,  Baltimore  ;  that  had  general 
hostilities  be«n  meditated,  tbey  wouW  have  commenced  them 
in  a  different  form  ;  and  that  the  British,  as  having  a  large  na- 
yy,  had  no  interest  in  establishmg  a  principle  of  this  sort,  since 
It  would  authorize  inferiour  powers  to  ?iearch  her  ships  of  war. 
The  British  government,  on  the  other  hand,  has  disavowed 
both  file  act  and  the  principle,  before  it  was  asked  to  do  it ; 
ad  has  continued  to  disavow  t,oth,  in  every  channel  it  could 
•niploy  ;  namely,  by  Uie  conferences  of  its  secretary  of  s<»te  for 
foreign  affairs  ;  by  speeches  in  Pariiament ;  by  a  speech  from 
the  throne ;  by  a  publick  proclamation  ;  by  a  special  minister ; 
and  by  a  crowd  of  official  letters.    This  too  it  has  done,  not  on 
present  and  temporary  principles,  but  on  the  past  principles  of 
nearly  a  century,  now  therefore  become  habitual.    The  British 
nation  »  therefore  made  to  suffer,  m  the  place  of  an  individu- 
al, who,  however  rash  and  unjustifiable,  did  nothfaig  more  than 
Commodore  Preble  would  have  done  in  the  same  situation, 
and  nothing  more  than  the  officers  of  other  powers  have  done 
substantially  to  some  of  our  national  vessels,  or  Mwr  fr<-w*,  who 
yet  have  not  been  noticed.     In  the  mean  time,  the  great  of- 
fending imUmdualy    Admiral    Berklev,    by   the  manner  in 
which  thmgs  are  conducted,  stands  a  chance  of  escaping  a.i 
adequate  punishment  whatever.    If  the  acts  of  this  officer,  how- 
ever, vn&n  those  of  an  individual,  the  acts  o£  Mr.  J«ffbe8on 
are  those  oi  ;>.  government  ;  and  having  been  deliberately  adop- 
ted and  continued,  will  be  considered  as  such,  by  the  British 
and  by  posterity. 


The  claim  of  Captain  Bradley  to  domiftion  within  his  buoyt^ 
is  probatiy  conformable  to  his  idea  of  the  doctrine  maintained 
in  the  case  of  the  Chesapeake  ;  Capttun  Bradley  insisting  that 
a  uati<MKil  vessel  ought  not  to  be  entered  by  a  foreign  munici- 
pal c^cer»  to  ser/e  a  process  of  law. 

In  Captain  Whitby's  case,  credible  persons  assect  that  this 
ofiicer  was  able  to  pipve  an  aU6iy  in  consequence  of  his  beinjij 
on  board  the  Cambiian  ;  that  the  shot  was  aimed  at  another 
vessel,  which  was  no  coaster  ;  and  that  it  was  not  known,  oj\ 
board  the  Leander,  for  several  days,  that  Pearce  was  hurt. 
The  Driver y  though  included  in  the  President's  ^r#/  procla- 
madon  against  certain  Briti»h  vQssels  by  nain^,  l^ad  no  concern 
whh  Whitby's  i^uadron,  but  belonged  to  another  station?  and 
had  gone  off,  or  was  going  off,  when  the  accident  happened. 
If  these  facts  be  true,  the  President  knew  or  might  have  known 
them,  by  the  return  of  the  witnesses,  whom  he  sent  to  give 
evidence  against  Whitby,  and  should  have  told  the  publick  the 
result,  instead  of  complaining  that  he  had  heard  nothing  from 
the  British.  The  British,  as  desired,  tried  Whitby  for  his  life  ; 
«uid  the  President  has  repeatedly  complained,  not  of  the  inodc 
of  trial,  but  of  the  acquittal  only.  But  what  a  dreadful  system 
of  equity  is  exhibited,  when  it  is  implied  that  a  man  must  be 
guilty  of  nurder,  because  the  mob  say  so.  As  to  tlie  Ameri- 
can evidence  being  sufficient  to  convict  Whitby,  as  Mr.  Madi< 
son  affirms,  it  is  plain  that  the  fact  may  have  been  otherwise  ; 
fop  how  could  they  know  where  Whitby  dined,  or  who  gave 
the  orders  for  filing  the  shot,  or  that  the  fatal  stroke  was  not 
wholly  accidental.  The  President  seems  to  have  expected  the 
punishment  of  Whitby  to  be  as  much  matter  of  course,  as  the 
punishment  demanded  by  the  Czar  was  proposed  to  be  matter 
of  course,  for  the  insult  offered  to  his  minister  in  London,  as 
mentioned  in  Blackstone.  We  acted  wi.h  more  magnanimitvv 
at  Boston,  with  respect  to  Captain  Preston,  who  was  tried  and 
acquitted,  in  the  midst  of  the  very  paople   who  were  offended. 

The  case  of  the  Impetueux  was  under  discussion,  at  Lcii- 
ibn,  when  that  of  the  Chesapei^e  was  announced,  and  the  con- 


b  1  M  «k  **n  ^  «  r\^i\ 


If 


i 


♦iic  Briush  MTcrc,  by  the  laws  of  war,  masters  of  the  Impetueux, 
in  consequence  of  her  having  fii-st  grounded  and  struck  in  die 
high  seas,  and  being  there,  in  fact,  given  up  to  them  ;  and  that 
having  afterwards  drifted  on  shore,  she  was  burned  as  British 
property.  But  be  this  as  it  may,  the  case  of  the  reparation  giv- 
«m  to  Portugal,  for  Admiral  Boscawen's  violation  of  their  neu- 
trality, when  in  pursuit  of  an  enemy's  squadron,  implies  that 
like  justice  might  have  been  done  to  the  United  States,  in  the 
case  of  the  Impetueux,  had  it  been  claimable  ;  and  is  vciy  good 
evidence  of  British  fairness  in  these  cases. 

Captain  Douglas,  as  Mr.  Rose  observes,  harl  reason  to  ex- 
pect hostilitfe»s,  from  appearances,  when  h©  came  before  Nor- 
folk, .and  when  that  fear  Avas  over  every  thing  became  ti-anquil 
«n  his  side. 

With  respect  to  the  mciit  of  the  Proclamation,  as  a  measure 
of  precaution  a»ul  security,  in  preference  to  seeking  for  the  se- 
urity  to  rise  from  new  orders,  issuing  from  the  British  gov- 
ernment, it  is  easily  discussed.  TImj  Proclamation  prevented 
no  injury  on  the  high  seas  ;  for  it  was  after  (he  Jirst  Proclama- 
tioii,  against  the  Leandcr's  squadron,  that  the  Chesapeake  was 
attacked  on  the  high  seas.  Deserters  and  seamen  on  the  high 
«c.'vs  may  still  be  taken  ;  vessels  detained  ;  accidental  shots  at 
>:nkno\vn  vessels,  attempting  to  escape  from  search,  may  stJll 
»lo  mischief.  A?  little  also  is  the  Pvoclamation  required  as  a 
measure  of  PoHce,  for  so  Mr.  Monroe  calls  it  ;  for  the  British 
iatcly  have  given  little  offence  in  port,  having  gone  out  of  port 
to  attack  the  Chesapeake,  and  having,  while  in  port,  surrender. 
«xi  deserters  to  American  ofJicers.  The  Proclamation  then, 
instead  of  being  a  measure  of  precaution  or  of  security,  or  of 
police,  on  the  contrar)-,  fir  events  atonement  to  the  national  honr 
our,  and  renders  peace  jmd  every  thing  else  uncertain. 

It  is  erroneous  to  say,  that  the  l^resident  lost  no  time,  in 
ecnding  to  Mr,  Monroe.  He  did  lose  time  ;  perhaps  because 
he  was  digesting  provisional  measures  with  Turueau,  a  plan 
of  which  might  have  been  forwarded  to  France,  by  the  same 
vessel.  In  any  event,  Mr.  Monroe  learned  all  his  first  neilb 
.  pr\  the  svihj<;4  from  Wv^  British  government,  in  London. 


^, 


The  President  affected  to  feel  justified  by  the  British  j[)rc« 
cedents  ;  but  incorrectly.    He  was  not,  like  the  British,  con- 
tent with  demands.     He  took  active  measures  j  and  in  this,  de- 
parted from  the  British  precedents,  and  lost  all  the  benefit  o{ 
the  plea  ;  for  the  British  never  redressed  their  o-,vn  wrongs  iu 
whole  or  in  part.     He  seema  not  io  understand  the  theoiy  of 
the  cases,  in  consequence  of  omitting  to  distinguish  between  c 
government  and  its  (  fficers  ;  and  of  forgetting  the  conduct  ren- 
dered necessary,  where  the  scene  of  an  offence  is  distant,  witU 
respect  to  either  of  the  two  governments  concerned.    Had  he 
used  his  Proclamation  as  a  precautionary  measure,  till  the  Brit- 
ish dispositions  on  the  subject  were  seen,  and  had  it,  when  these 
were  found  favourable,    been  recalled,  even  this  would  have 
been  hardly  correct  ;  but  it  would  have  been  less  wrong  than 
persisting  in  the  Proclamation,  when  atonement  was  promised, 
and  a  special  messenger  sent  to  give  it     The  situation  of  the 
United  States,  with  an  ocean  lying  between  them  and  the  pow- 
ers of  Europe,  makes  it  indispensable,  that  the  true  doctrine  of 
the  law  of  nations,  in  these  cases,  should  be  kno^-'n  -  cur-*  ily 
by  those  who  guide  our  national  affkirs.     If  on  sr 
t!:e  kind  in  question,  we  assume  a  right  of  self-r 
er  temporary  or  permanent,  so  will  the  European 
questions  as   to  wrongs  offered,  and  the  remedic.- 
wrongs  will  no  longer  be  left  between  government  and  .i^..      .. 
mehty  but  will  descend  to  the  hands  of  individuals,  and  be  de^ 
cided  according  to  private  passions  or  private    interests.     The 
concerns  of  Turk's  Island,  Nootka  Sound,  and  Falkland's  Isl- 
ands, mentioned  by  Mr.  Madison,  were  each  transactions  con- 
summated abroad  in  all  their  fmrts  ;  and  when  the  news  of  them 
arrived,  Britain  added  to  thero  no  new  act  of  her  o>vn  j  but 
made  a  raeie  rfd-mcnrf,  that  every  thing  should  be  put  into  its 
ibririer  condition  ;  a  -'emand  which  was  complied  with.  These 
were  affairs  of  words,  not  of  acts  ;  and  Great  Britain  assumed  no 
rjght,  in  the  Jirat  instance,  of  taking  to  herself  redress,  precau- 
Uon  or  security,  or  any  thing  of  the  kind.     Consequently  every 
case,  cited  from  the  British  makes  against  us,  and  for  th.  Brit- 
isK.    These,  it  may  be  added,  a/(/ifcr  settled  point*,  in  Europ-?  * 
»n-u  are  not  so  hprc,  bqf;aai^  our  gov<;nimeht  h  new. 


3  of 


IrWf  ! 


There  is  another  reason  ftgainst  resorting  to  overt  acts,  be- 
fore negotiation  has  been  tried,  and  it  muchlsoncems  the  tran- 
quillity of  nations  that  it  should  be  generally  and  habitually  ob- 
ferved.  While  tilings  hold  the  shripe  of  discasion,  consider- 
ations  of  prudence  may  operate  on  both  sides,  arguments  uad 
pretensions  canvassed  in  Cabinets  being  easily  retracted  ;  but 
not  so  overt  acts,  which  pledge  the  authors  of  them  to  their 
subjects,  their  antagonists  and  tlie  worlr*  at  large,  including 
posterity. 

The  proposition  for  engaging  the  British  government  tb 
make  the  expeiiment  of  giving  up  the  search  of  merchant  ves- 
sels  for  their  seamen,  is  expressed  in  terms  of  levity^  in  which 
it  19.  dangerous  to  indulge  in  a  natibnal  document.    If  Mr. 
Fox's  admbistration,  however,  rt«:/y  thought  of  temfr' Hzing  tm. 
this  head,  other  administrations  in  England  are  not  likely  to 
follow  the  example.     The  laws  of  modem  maritime  nations 
nniversally  allow  the  search  of  merchant  vessels,  in  order  to 
detect  enemy's  property  and  men  ;   and  for  a  still   stronger 
reason  may  they  search  them  to  detect  their  own  men,  and  above 
all,  their  own  deserters.    All  seamen,  it  must  also  be  remem- 
bered, by  universal  consent,  are  considered  ar  military  men  ; 
these  and  a  few  marines  making  the  whole  crews  of  vessels  of 
war,  consequently  the  search  after  seamen  is  not  a  branch  of 
munidtml  law,  Ss  Mr.  Madison  asserts  ;  but  of  belUgerent  and 
general  law.    All  foreign  nations  act  Upon  this  rule,  both   for 
seamen  and  for  deserters  ;  and  so  will  America  for  deserters^ 
at  least,  in  cases  of  war  occurring  en  her  side.     On  the  whole, 
it  is  a  very  dangerous  experiment  cO  attempt  a  course  of  ac- 
tion against  the  usual  laws  of  nations,  in  matters  respectmg  a 
state  of  war.    A  wantonness  of  legislation  in  this  respect,  with- 
out regard  to  established  practice,  even  for  introducing  pacif- 
ick  maxims,  may  lead  to  war,  before  we  are  aware  of  it.     Our 
President  may  propose  new  laws  at  1    me,  which  liis  Congress 
may  adopt  ;  but  abroad,  we  must,  for  the  present,  follow  the 
laws  observed  by  others. 

It  is  not  necessarily  true,  that  in  the  final  adjustmimt  "S^  a 
daspute,  every  thing  is  to  be  given  up  to  the  party 7fr,f   injur. 


ed.  If  self-reparation  hfts  been  attempted  in  the  Interim,  and 
assumed  in  too  high  a  tone  and  measure,  deduction  ir.ay  be 
claimed  for  this.  Ber  ides,  as  far  as  regards  the  Chesupeake, 
the  first  offence  lay  in  harbourh-g  deserters  ,  next  in  denying 
their  being  on  board  ;  and  lastly  in  going  to  sea  with  a  part  of 
them,  in  face  of  tlic  very  squadron,  from  which  they  were  ob- 
tained. This  might  be  enforced  by  observing,  that  Britain,  on 
the  other  side,  expresses  "  sorrow"  and  «  regret"  at  the  issue  ; 
disavows  the  act  of  h-i^r  offi.:er  ;  gives  fixed  orders  as  to  the 
future  ;  directs  a  delicate  conduct  in  searching  merchantmen, 
on  the  personal  responsibility  of  the  Captain  ;  and  sends  a 
special  minister  of  apology  to  America,  without  obtaining  a 
single  stipulation  on  her  side  beforehand.  The  first  thing 
whicA  she  asked,  namely  a  separation  of  questions,  was  for  a 
time  refused  ;  and  the  second  proposition  for  a  recall  of  the 
Proclamation,  was  rejected,  unless  upon  conditions. 

It  must  not  be  said  that  there  were  other  grievances  to  be 
complained  of  to  this  special  minister  ;  for  Mr.  Monroe  had 
agreed  to  lay  aside  the  mention  of  any,  except  the  two  ques- 
tions as  to  the  Chesapeak*  and  as  to  the  search  j  and  Mr. 
Mc-aison  had  abandoned  the  question  as  to  the  search  also,  say- 
ing  that  «  sefiaration  (that  is  of  the  question}  was  fully  accom- 
plished." Mr,  Madison,  however,  perpetually  referred  Mr. 
Rose  to  other  matters.  He  also  asserted  that  the  grievance 
was  even  now  continUea,  b*^cau9e  the  men  taken  were  not  re- 
turned J  though  as  the  men  had  been  demanded  by  Mr.  Mon- 
roe, and  no  objection  was  made  on  the  subject;  tb?  surrender 
v/as  of  cours?,  as  to  the  three  men  still  living. 

Still  less  is  it  to  be  said,  because  Britain  talks  so  much  of 
the  Proclamation,  that  she  only  sent  a  messenger  to  get  theii 
Proclamation  withdra^\'n.  For  Mr.  Rose  refuses  to  obtain  its 
recall  by  sacrificing  what  we  call  punctiio,  as  being  contrary 
to  his  orders.  Thus  the  Biitish  government  prefers  sentiment 
to  interest  ;  and  thinks  (as  she  thought  of  old,  and  as  Mr. 
Madison  commends  htr  for  thinking)  that  «  reparation  would 
lose  its  value  by  being  conditional."  Nor  ought  we  to  wonder 
at  the  afftur  breaking  off  upon  a  point  of  honour,  for  wh«t  is 


ft 


AG 


tiiu  whole  affair  of  the  Chesapeake,  on  one  side  as  well  as  the 
other,  but  afioint  of  ho7iour.  The  clanger  of  allowing  a 'power 
of  self-reparation  to  operate,  has  been  mentioned  ;  and  it  is 
repeated  tnat  it  is  tiine  that  the  people  of  this  country  should 
become  sensible  to  this  danger.  Self-reparation  was  made  in 
the  case  (  f  Captahi  Whitby's  squadron,  without  mn'^.h  incon- 
venience, ■because  the  conpern  was  small  ;  but  even  then,  the 
measure  ought  to  have  been  accompanied  with  an  apology  for 
using  it  ;  but  when  the  measure  is  made  genera).,  and  when 
from  the  dis:tance  of  the  two  governments,  it  must  last  for  aia- 
ny  months,  the  case  is  widely  changed.  Thus,  the  general 
Proclamation,  which  was  imposed  in  July  1307,  has  lasted 
nearly  twelve  months  ;  while  nothing  has.  been  done  to  shut 
out  the  French  or  Spanish  navies  from  our  ports,  notwithstand- 
ing all  their  enormities. 

Mr.  Madison  asserts  tliat  Mr.  Canning's  letter  of  Septem* 
bcr  23d,  1807,  had  in  it  "  pregnant  indications  that  other  ques- 
tions and  conditions  may  liave  been  contemplated,  which  would 
be  fbuiid  utterly  irreconcileable  with  the  sentiments  of  the  Am- 
Giican  nation.''  This  certainly  ought  not  to  allude  to  any  ol 
the  following  observations  by  Mr,  Canning;  which  yet  seem 
all  to  which  it  can  allude  ;  the  rest  having  been  repeated  on 
other  occusiona,  during  the  ncgoUation,  without  material  com- 
i^icnt. ,/,.., 

«,rir,5t  ;«-~Ii.  is  afiirmed  by  Mr.  Canning,  tha:  the  reason  fur 
itii}uiry{n\:4.Q  August  8th  imi)  asto  the  Produination,  wj,^\o 
uaeertaiu  the  umaunt  gf  reparation  still  due,  if  retaliation  had 
occurred  ;  a!id  tljc  rather,  as  tlw  enemy's  vesiicln  of  war  still 
entered  Jjig  American  port;i,  from  wluch  those  of  the  British 
Averc  cKcluded.  Secoiully  ^— It  was  also  asked  whether  the 
Proclainatii^^  would  be  withth-awn  on  tlxc  disavowal  of  the  act 
uf  Admit-Ill  U^ikley  ;  Uic  Biitish  always  distinguish bg  be- 
tween Ihp  rtvtianvition,  as  the  J/ufncan  reriedy  assumed  for 
tjiii  act,  and  the  concessions  to  accom/iany  thin  dinavoiual^  as 
tl»c  Brltinh  rcnitdy  offered  for  it.  Thirdly  ;--It  is  also  fuithcr 
*^ed,  wliat  WA^  intciule'l  by  saying  that  Admiral  Berkley  had 


« 


naod,  aa  if  Iju  hud  power  to  niiike  war  and  decide  the 


cai:B- 


cs  of  war ;  for  this  being  complained  of  by  the  Presidelii,  it 
indicated  the  supposition  of  further  circumstances  existing,  not 
ye*  known  to  the  British  ministr)'.      Fourthly  ;—Thougii  it  is 
allowed  that  Admiral  BerkI  y  was  in  every  event  wrong,  yet 
it  is  said,  that  if  there  were  deserters  in  the  case,  the  employ- 
ment and  the  detention  of    British  seamen,  against  consent, 
would  be  wrong,  though  a  national  American  vessel  were  con- 
cerned in  it ;  and  would  have  become  &  mutter  between  gov- 
ernment and  government  (a  phrase  afterwards  repesrted)  as  be- 
ing an  act  of  hostility  in  itself,  and- as  affecting  the  quantum  of 
reparation.      Fifthly  ;— -If  the  question  was  to  be  goveiired  by 
popular  fceKngs,  %Yhich  are  much  rcfeiTcd  to'liy  Mr.  Monroe, 
it  is  intimated  that  the  American  government,  by  referring  so- 
much  to  those  feelings,  would  make  itself  responsible  for  various 
papular  measures,  "which  there  was  no  desire  of  attributing  to' 
it."     Sixthly  ; — As  to  tlie  main  question,  it  is  obsei  ved^  that 
the  w  y  to  it  was  smoothed  by  the  disavowals  already  voliintar-' 
ily  given  ;  nothing  more  remaining,  but  to  ascertain  the  facts 
ot  the  case,  and  fn'o/wrrion  the  reparation  to  the  wrong.     Sev- 
rnthly ; — At  the  same  time  an  unqjialified  refusal  is  given  to 
All  attempts  to  couple  the  question  of  search  with  that  of  the  Ches- 
apeake, the    British  refusing  to  pay  a  price  for  an  amicable  ad- 
justment, and  to  make  conditions  for  being  admitted  to  a  rep- 
aration.    Kighthly  ;— When   the  special  mission  is  armounced, 
tt  is  said,  that  a  treaty  on   the  «pOt  would  be  preferred  ;  but 
that  a  special  minister  would  not  be  allowed  to  treat  as  to  the 
search  of  mtrchnnt   vessels.      It  I'emains  to  be  shewn  how  these 
particulai-s  justify  Mr.  Madison's  assevtioRB  ;  or  by  what  oth<*- 
jiarts  of  Mr.  Canning's  letter  they  will  be  justiHed. 

LiBKRrv  otf  THE  Skas  Is  cWefly  valued,  as  including  libef»i 
ty  of  attending  to  commerce  by  scd  t  but  what  is  this,  if  liberty 
to  cor.imerce  is  refused  by  land  9  Our  customers  d6  tint  five 
upon  the  scaB,  but  on  bhore,  and  within  land  ;  and  Bonaparte 
'hecks  commerce,  not  only  by  seb,  but  in  ports,  and  within  ev- 


T=i^       F- 


7pran  territory,  which  he  can  appriiwrh.  «  He  does  not 


iMi 


merely  check  commeroe  to  Britain,  or  in  British  comr,iodities> 
but  •  he  checks  Amrrici.n    cummrrce,  thouph  dii>pctcd  to  the 


ports  -of  liis  own  allies,  as  at  Leghorn,  Hamburg,  and  otlier 
places,  where  our  property  has  suffered  so  much  by  his  orders. 

But  liberty  of  the  seas  is  only  a  question  during  loavy  and 
will  vary  in  eyery  war.  In  Russia  it  varies  with  every  new 
sovereign,  and  with  every  new  fancy  of  each  sovereign.  It  is 
there  that  armed  neutralities  have  sprung  up,  in  defence  of  the 
commerce  of  the  seas  ;  though  the  Russians,  comparatively, 
have  no  merchant  vessels.  Of  course,  it  has  been  with  Rus- 
sia a  mere  political  pretext,  adopted  and  rejected  as  suited  her 
paiticular  views,  at  the  momtnt— the  Russians  laughing  at  the 
nations  which  were  made  dupes  by  it.  They  resemble  tlie 
Virgiraans,  who  slight  our  navigation  in  theory,  and  hate  it  in 
reality,  yet  are  the  hottest  for  quarreling  about  it. 

After  it  had  been  maintained  by  us,  with  great  zeal,  that  free 
vessete  made  free  goods,  Mr.  Jefferson,  while  secretary  of  state, 
was  obliged  to  abandon  the  doctrine,  on  the  part  of  the  United 
States. 

France,  like  Russia  and  America,  under  different  circum- 
stances, will  also  equally  vary  the  doctrine.  Let  France  be  at 
war  witli  a  weaker  maritime  power,  and  France  will  directly 
plead  against  the  liberty  of  the  seas ;  just  as  she  has  plead 
for  civil  liberty,  during  the  first  moments  of  her  revolution, 
then  acted  against  it,  and  now  openly  reprobates  it,  even  in 
^ords.  It  costs  France  noUiing  to  pretend,  to  abandon,  to  as- 
sert and  to  deny.  Lastly,  we  ourselves,  who  now  plead  for  the 
liberty  of  the  seas,  because  it  would  benefit  us,  as  carriers  and 
adventurers,  when  we  become  concerned  in  war,  may  then  be 
as  wai-m  against  it,  as  we  are  now  for  it.  Should  the  English, 
en  the  other  hand,  now  be  forced  to  give  up  the  point,  because 
of  their  weakness,  they  would  necessarily  return  to  it  again, 
when  they  were  arong,  and  again  in  a  state  of  war,  as  every 
powerful  maritime  state  will  always  do.  If  therefore,  we  go  to 
war  for  this  principle,  it  would  be  in  connection  witli  allies, 
who  might  change  hides  during  the  course  of  it,  or  wIk)  might 
make  peace  between  themselves,  as  soon  as  we  had  beconie  u 
partner  in  the  war ;  or  else  the  United  States  might,  for  the 
trioment,  ol>tain  the  acknowledgment  of  the  principle,  tmd   by 


■  \ 


13 

the  time  the  next  war  came,  might  see  it  abandoned  by  the 
very  parties,  wlio  fought  for  it,  or  we  ourselves  might  abandon 
it  among  the  rest.  One  may  as  well  be  fighting  for  the  shape 
of  a  cloud,  or  for  the  course  of  the  wind  j  for  neither  of  these 
is  more  variable  than  some  of  these  pretended  principles,  as  to 
neutrals,  in  time  of  war. 

In  tlie  course  of  our  recent  controversies  with  Britain,  the 
character  of  our  administration  and  its  influence  ou  the  temper 
of  the  countiy,  has  been  distinctly  marked  by  the  manner  in 
which  both  have  been  affected  by  the  Berlin  Decree  and  the  re- 
taliating orders ;  the  first  interdicting  all  our  commerce  with 
the  British  Isles  and  the  second  with  the  European  ports  under 
the  power  of  France. 

For  a  considerable  time  after  the  promulgation  of  the  former, 
it  was  uncertain  liow  the  French  government  would  interpret 
its  owu  decree,  which  seemed  to  have  been  composed  with  a 
studied  ambiguity  ; — the  imputietice  of  the  Emperour,  however, 
disclosed  in  Septemb:r  last,  his  determination  to  subject  Neu- 
trals to  all  the  rigours  which  the  terms  of  the  decree  imported. 
There  was  fiom  that  time  no  re*8onable  doubt  that  our  ships 
would  be  liable  to  the  penalties  of  disfranchisement  and  forfeit- 
ure for  violating  a  blockade,  which  could  exist  only  by  a  Procla- 
mation— Under  these  circumstances,  the  British  government 
issued  their  orders  of  Council  to  retaliate  on  their  enemy  the 
measures  he  had  adopted  against  tliem,  and  thus  the  commerce 
of  neutrals,  with  each  of  tfciose  powers,  is  proscribed  by  the 
other. 

I6  is  important  here  to  remark  the  singular  complacency  we 
have  manife"t'»d  under  the  Berlin  decree,  as  if  we  had  reserved 
all  our  indignation  for  the  British  orders  ;-^ut  these  opposite 
sentiments,  so  plainly  misplaced,  are  not  more  cxtiaordinary 
thim  the  reasons  by  which  they  are  sometimes  vindicated. 

It  is  urged  as  an  apology  for  the  French,  that  they  cannot  per- 
petrate on  the  sea,  all  the  violence  they  thrcatcn>  while  the  Bri- 
tish orders  may  he  executed  in  a  nianner  that  leavci  little-  or  no 
foom  for  escape.  It  is  stated,  that  a^jainst  capture  by  French 
cfuiaers,  ot  our  vessels  bound  to  or  from  an  F.ngUsh  port,  insuianre 


f,':- 


4i! 


Ml 


might  be  effected  for  five  per  cent,  while  bn  the  bther  hand, 
those  bound  :to  or  from  a  French  port,  could  not  be  injured 
against  EngUsh  cruisers  for  fifty  per  cent^These  facts  being, 
admitted,  let  them  be  applied  to  the  known  principles  of  publick 
law  ',^hat  la^^  nakkh,  when: 4t  sanctions  the  practice  of  block- 
adc,  takes  care  to  confine  its  rights  and  firivUegea  strictly  to  those 
-who  actually  make  an  investment  6y  such  A  naval  force  as  can  five- 
vfnt  or  fiuniih  transgres6ion...r,ii  amiai\4£mtM  '    i»fo£i..if  . 

But  enough  is  sfud  on  this  point  to  prove,  that  the  Berlin  de- 
eree  cannot  be  jusfified  or  even  .palliated  on  ordinary  principlesiy 
there  has,  however,  been  a  pretended  excuse  for  it,  set  up  in  the 
plea   tliat  the  Btltish  ruU  of  ir5€  tvas  such  a  neno  ar^d  eact^^va- 
rant  doctrine,  us  would  authorize  the  French  to  stop  all  trade 
with  Great  Britam.-Oneof  the  Edinburgh  Reviewers  has  ad- 
vanced  something  like  this  in  October  1807,  and  it  has  been  re- 
peated by  a  senator  of  the  United  States  in  a  publick  letter.     As 
the  former  writer  had  discussed  the  general  principle  w?th  no 
common  ability  in  April,    1806,  and  the  latter  must  have  had 
opportunity  to  examine  it  fully  and  to  profit  by  the  lights  of  oth- 
ers, it  may  be  thought  exti-aordinary  that  such  a  groundless  plea 
fehould  be  so  pertinaciously  maintained. 

Both  these  writers  ought  to  have  known  that  by  the  maritime 
code  of  France,  pronmlgated  ih  the  beginning  of  the  last  centu- 
ry,  and  its  essential  principles  sanctioned  anew,  in  1744  it  is  de- 
clared, that  all  property  laden  in  the  port  of  an  enemy  by  a  neu- 
tral, and  bound  .to  any  count.y  whatsoever,  except  the  country 
v[  the  suKl  neuti  ,1,  is  good  prize,  ulthoujvh  the  property  should 
bona  fide   belong  to  the  neutral  ;-4ind  that  evety  article,  the 
growth  or  manufacture  of  an  enemy,  found  going  from  n  neu- 
tral to  an  ehcmy'3  port  is  also  good  prize  ;  which,  with  otlw r 
declarations  and  provisions  of  a  similur  spirit,  and  some  still 
more  severe  toward  neutrals,   are  vindicated  on  the  ground  of 
a  right,  thus  to  injure   the  comme,-ce  of  an  cnemv.     It  is  not 
proi)osed  here,  to  examine  the  merits  or  demerits  of  these  varii- 
oua'  dnims  of  l>clligcrent9,  n.ir  to  show  what  is  or  oucht  tn  h^ 
ronsKlej-cfl  a«  tl,^  law  of  nations,  in  regard  to  the  conflictinjt 
claims  of  neutrals  and  b- Higerents,  hxit  to  shew  that  tte  *^h«t#f     . 


15 


against  Great  Britain,  of  having  set  up  new  and  extravajvaut  doc- 
triiies,  is  not  supported  by  the  history  of  facts.     The  right  of  a  bel- 
ligerent to  prevent  a  trade  not  open  to  neutrals  in  peace/,  no^  a 
«e«,  ^«zm  ;  and  although  it  is  difficult  to  enforce  it  in  some  cases, 
without  encroaching  on^  the  acknowledged  rights  of  neutrals  to 
carry    on    their     accustomed    trade ;  therefore    its  'exercise 
ought  to  be  limited.      Yet,  it  is  certain,  that  in  ©ne  important 
branch  of  trade,  the  right  of  prohibition  is  allowed  to  the  bellig- 
ent.     The  Russian   treaty  of  1801,  admits  that  the  trade  of  an 
enemy  colony  wuix  its  parent  state,  may  be  lawfully  interdicted 
by  the  belligerent.     Whoever,  wiUi  tliis  fact,  will  recollect  the 
circumstances  of  the  times,  and  the  chivali-ous  spirit  with  which 
Russia  han  for  thirty  years  offered  herself  as  the  champion  of 
neutral  rights,   must   be   convinced   that  this  point  could  have 
been  yielded  by  Russia,  only  to  a  demonstration  of  its  propriety. 
It  is  well  known  that  Bonaparte  had  formed  a  precise  plan 
for  distressing  Britain,  which  he  caused  his  European  dependent 
allies  to  adopt,  and  the  state  in  which  we  now  are,  seems  to  put 
us  fairly  in  a  class  with  those  allies.       We  have  passed  laws  to 
prevent  the  introduction  of  the  commodities  of  Britain  ;  we  Tch\^t 
the  supply  of  her  Colonies  in  American,  English  and  even  neu- 
tral Vessels,  imd  by  land  as  well  as  by  sea ;  we  deny  the  use  of 
our  ports  and  even  common  hospitality  to  her  Ships,  while  our 
harbours  are  opentotlie  Ships  ofovefy  other  nation.      Now  all 
this  is  little  short  of  what  is  done  in  Europe.     It  is  much  more 
however  than  the  people  of  die  United  States  would  have  been 
willing  to  do,  if  they  had  not  been  deceived,  and  in  some  sort, 
taken  by  surprise  ;  or  if  what  is  done  hud  been  proposed  at  once, 
instead  of  being  the  effects  of  several  measures,  the  motives  ot 
which  were  not  imdcrstood. 

Such  is  the  agreement  of  our  conduct  with  French  wishes, 
as  to  trade  and  intercourse  with  the  British.  But  Bonaparte  has 
demanded  tribute  in  addition  :  and  he  has  got  tribute  from  us» 
S4s  he  has  got  it  from  many  nations  in  Europe  ;  but  this,  like  ev- 
ei7  thing  else  obtained  of  us  by  him,  he  has  got  undtr  false 
names.  -  Fi^uice""-  says  Mr.  Madison,  «'  wants  money  and 
luuathaveit";  for  Mr.  Mudisun  has  perfect  imelligence  of  what 
Ei-ancc  wants,  though  the  intelligence  is  refused  to  Congress 


mi 


16. 


In  addition  to  the  list  before  given  of  the  measures  adopted  by 
our  government  to  injure  England,  let  us  now  enumerate  those 
which  have  furnished  Bonaparte  with  tribute.  Thirteen  millions 
balance  of  the  payment  for  Louisi^ma ;— two  millions  more  for 
secret  purposes  ;  and  three  quarters  of  a  million  reported  to  be 
due,  for  Besumarchais's  claim  ;  besides  a  surrender  of  all  claims 
of  indemnity  for  spoliations.— These  are  the  sacrifices  we  make 
to  propitiate  Bonaparte. 

But  the  Embargo  is  a  new  subject  to  explain  the  temper  and 
character  of  Mr.  Jefferson.  It  has  long  been  wished  by  some 
to  have  the  trade  between  the  United  States  and  the  rest  of  the 
world,,  at  all  times.  Carried  on  in  foreign  vessels,  that  all  the 
quarrels  attendant  upon  navigation  might  rest  with  foreigners, 
Mr.  Jefferson  sa>is  "  perhaps  to  remove,  as  much  as  possible,  the 
"  occasion  of  making  war,  it  might  be  better  for  us  to  abandon 
"  the  ocean  alto^ther ;  that  being  the  element  whereon  we  shall 
"  be  piincipally  exposed  to  jostle  with  other  nations':  to  leave 
"  to  others  to  bring  what  we  shall  want,  and  to  carry  what  we 
"  can  spare.  This  would  make  us  invulnerable  to  Euro/ie,  by 
"  offering  none  of  our  property  to  their  prize,  and  would  turn  all 
"  our  citizens  to  the  cultivation  of  the  soil ;  and  I  repeat  it  again, 
"  cultivators  of  the  earth  are  the  most  virtuous  and  independent 
"  citizens." 

But  let  us  now  look  back  to  Mr.  Jefferson's  practice,  compared 
with  his  theory,  that  we  may  judge  of  his  consistency  and  sin- 
cerity. He  excludes  foreign  vessels  from  American  ports  ;  puts 
jm  end  to  the  exchange  of  home  commodities  for  foreign  ;  and 
would  create  manufacturers  in  America*  But  say  the  Presi- 
dent's friends,  by  shutting  .mt  foi-cign  merchant  vessels,  he  de- 
signs to  bring  such  distress  on  the  nations  at  war,  in  Europe, 
that  they  will  restore  to  us  our  neutral  irade  ;  the  interruption 
of  neutral  trade  being,  in  effect,  the  constant  subject  of  his  com- 
plaint. Thus  Mr.  Jefferson  wishes  the  United  states  to  carry 
on  all  the  trade  of  the  worlds  in  nuar  time  ;  a  tdme  when  tradt  is 
known  to  be  so  dangerous  ;  while  he  makes  light  of  the  trade 


"U,  uiui  v.'iVicn  iiii^nt  icauiiy  pass,     io  ob- 
tain a  temporary  possession  of  the  most  precarious  of  all  tradi^s. 


ir 

Ki  would  TOtotarily  abantethc'Jiest,  and  o-en  annihilate  fl,.t 

.  T,^.'  r.  '■  "'  ■"^"f^'o"-.  "  home,  Which  i,  never  ac- 
comphshedbut  upon  the  most  permanent  basis,  and  after  great 

sucnnceSi  ,^^!;,^m,  .v  ^^ 

live^I-/t'""r  '"'^'*"  '^'  '"'*»»<'■"«"  and  m^A^ckmm 
snlr  ,  ^i  T'  ""  ""=  ''"""""-"g  te-Pest  in  Europe  hi 
spent  ..self.    Dm  does  not  Mr.  Jeffers^  know  that  .11  experi- 

•  2li%^^T  "T'"" "' n«»».6e.ures in  a  count.,  not  p«. 

MalufiLL'        '    '  *«""'"i"«'-»d  poverty  ofitsIabouL. 
M^ufacture,  are  u,ua„y   confined  .„  p„pn,ou,   countries,  pos- 

:rl  S.T    '  ::;'  "'""P"""™"-  f-  staining  raw  maL. 
and  after  Jt  ha«  been  conunued  many  yearc.     So  true  is  it  tha 

hatm^ufacturers6a„„otingeneralbeim^ortcd,fi.omothercoun. 
mes.„,o  Amenca  and  employed  as  such  with  any  lasting  success. 
Mr.  Jeffers„h,ho.vever,mus.  not  pretend  that  foreign  articles  are 
bou^l..  ^together  with  the  product,  of  ,^„w,„.„  ,h,„  ^^  ^^ 
m  Mr.  GuUaUu  s  Reports,  and  daily  experience,  that  navigation. 

TZ:  TTT'  »1'""'^«™"  «">-='•!".  '-".bcr,  pitch  and 
U, ,  potash  and  other  modes  of  paying  foreigner,  are  employed, 
m  add,..on.    Amer,ca,  however,  warns  arUdes,  .hlch  Zclcl 
^.anufacures  cannot  furnUH,  as  not  being  of  the  natu,^  of  man- 
facuresor  a,  coming  from  abroad.      The  tropical  fruits  .nd 
produc  s    as  colTec,  sugar,  and  many  other  articles  required  in 
the  mu  die  and  northern  states  come  from  foreign  countries. 
So  do  the  raw  matenals  of  many  of  our  impo,tant  n.anufeetures ; 
as  a  pmcpal  part  of  our  iron  and  copper  a.,d  .11  our  tin.     If  ,re 
enter  ...to  a  war  with  Europe,  while  the  United  State,  remain 
scantily  prov.ded  with  roads  and  canals,  and  have  few  rivers  run 
».n^  north  and  south,  the  southern  state,  eanno,  easily  , end 
thc,r  cotton,  r.ce,  tobacco  and  indigo  to  the  north  ;  nor  can  4, 
.".«u,c  autes  e„„iy  disfibute  their  flour  to  the  res. ;  nor  will 
the  northern  state,  return  woolens,  even  U.ough  they  shouH 


1? 

iBut  before  the  new  arraigenients  take  effect,  what  ia  to  suj^ 
fciy  i?  wants  of  this  great  people,  occasioned  by  the  interrup- 
tion of  ail  intercourse  with  other  countries  ?  wha^is  to  become  of 
live  immense  pf operty  devoted  to  the  pursuit  of  the  old  system  j 
as^sfiipping,  warehouses,  wharves,  and  the  pi'Ofessionai  habits  of 
«{«neti,  fishermen,  merchants,  storekeepers,  clerks,  Sec.  And 
i^ivsii  things  shall  return  to  their  channel,  after  the  demoralizing 
tempest  in  Europe  is  over,  who  is  to  pay  for  the  abandoned  loom 
ajid  \yorkshop,  and  for  the  time  lost  in  learning  new  trades,  and 
Uie '  clumsy   work  then  on  hand,  which  will  have  lost  its  mar- 

Read,  too,  what  Mr.  JefFerson  says  of  the  virtues  of  the  hus- 
bandman, and  the.vices  of  the  manufacturer,  and  see  how  far  it 
agrees  with  his  praises  of  his  new  system.  "  Those  who  la- 
«  hour  in  the  earth  (says  he)  are  the  chosen  people  of  God,  i? 
«  if  ever  he  had  a  chosen /icc/ile***  Dependence  on  manufactures 
«<  begets  subservience  and  venality  ;  suffocates  the  germ  of  vir- 
f-  tue,  and  prepares  fit  tools  for  the  designs  of  ambition.  While 
K  we  have  land  to  labour  then,  let  us  never  wish  to  see  our  citi- 
«  zens  occupied  at  a  AVork  bench,  or  twirling  a  distaff.  Carpen- 
«  ters,  masons  and  smiths  are/  wantirii^  ii)  husbandry  :  but  for 
<'  the  pcneral  operations  of  manufacture,  let  our  workshops 
<<  remain  in  Europe.  It  is  better  to  carry  provisions  and  mnte- 
"  rials  to  workmen  there,  than  to  bring  them  to  the  provisions 
♦^  and  materials,  and  with  them,  their  manneis  and  principle^ 
'<  The  loss  of  the  trayifsjiortutwnoi  coimnodities  across  the  atlantick 
*'  will  be  made  up  in  happiness  and  permanence  of  government." 
(For  these  passages  see  Mr.  Jefferson's  notes  on  Vii-ginia.) 

There  is  one  w^y  only  of  making  all  these  contradictions 
consistent;  Avliich  is  to  suppose  it  to  be  a  settled  plan  with  Mr, 
Jefferson,  that  Great  Britain  is  to  be  injured  ;  though  in  doing 
it,  a  smaller  injury  should  ari^e.to  France  and  5j>pain,anda  still 
greater  one  to  our  own  country.  In  this  way  wc  con  explain 
tftie  several  inconsistencies,  of  undervaluing  commerce  and  nav- 
Igadott  on  one  hand,  and  struggling  for  an  undue  share  of  them 
on  the  other;  of  coimplaining  of  interruptions  to  trade  by  sea  i 
thrm  needlfcfisly  multiplying  ihoie  interruptions  by  sea,  ai\d  add- 


19 

ing  those  by  land' also  ;  of  pretendifig  ~fo  \vislLT6r  pea^^^ 
all  the  world,  by  a  modest,  inoffensive  conduct,  aCnd  then  thVow^ 
jrig  obstacles  in  the  way  of  settling  a  mere  point  of  hoitour,  with 
Great-Britain  ;  of  punishing  upon  that  devoted  nation  the  disa- 
vowed act  of  an  individual,  and  of  confouiiding  the  two  ylky4^M 
^repairing  the  Wrong,  and  after  talcing  the  worst  of  th6  tW  way^, 
Xthat  of  self-repai^tion)  -'jjectmg  the  offer  of  rejf)arriti6ft'  offer^ 
t>y  Great  Britain  herself.      Here  is  ttie  secret  then  of  prtthil»t- 
ihg  British  ithportsand  exports,  and  shutting  tiieli^*nfett'*f 'war 
but  of  our  harbours  j  and  here  tot)  is  the  set:ref;«T  paying  trlbtil^ 
inoiiey  t6  Francef '^  ■'"''*'     ''^-     -^P^-  »«s  bi^Uxmm^  sx  m  t^* 
li  \H  are  asked,  whence  arises   this  enmity  to  Great  !BfitSyS, 
'the  reply  is  easy.       It  pdxtly  depends  on  old  prejudiees^^opertfl:- 
ing  with  the  President  agafaist  England,  and  in  favoti^t>r*Ffance^ 
partly  from  his  belief  in  the  speedy  downfaj  of  Englaha'j  'and 
partly  on  liis  design  to  hold  Loui'sixma,  withoiut  aqiia^reP.*  ^^^^; 
Mr.'  Jefferson's  prejudices  against  Great  Britain,^ s^d^hfiCit' 
tachment  to  France,  witli '  the  caiuses  bf  eacft^  are  ibd  nbibrnkfik 
to  be  dwelt  upon.     He  Certainly  would  never  have  rgpaii*^'  the 
Bfer9eau  for  England^  and  he  hever  would  hav«  desisted  the 
apologies  of  "Mr.   Crmning  and  Mr.  fiose,  had"  they  cojSd  from 
France.     He  would  hear  of  the  ruin  of  Engltind  ■^fBi  ^trt^ipla- 
cency,  and  be  overwhelmed  with  the  downftiH  of^FrcnfcKt^Wer. 
Thi^  deference  for  Fi'an'iie  is'fhdulfedj  vfitho'lit  an^ ' 'WixtdVcs 
of  pinidence  or  decency.     Airf  c^ess  of  poiJir^Tj  in  PrhrA^e  oii^. 
to  prevent  measures  calcoW^iJ'to  weake'ri'i&t5'^ij'lieiKfe*rfy 
reiriaifiihg  bpponem;  aiid  a'  fear  of  Fraiice  onght-lotfrtxhtls'at 
every  poini.  ''ftut  we" neither  i^iit^^ct  ifengland  nor  oiii-aefh^s,  im 
this  occasion.    TJic  ^Wissflst  talumnies  and' the  ihiSti  hcJitid 
,  imprecatjoris}  i&  fal^^  aiid  foolish  as  they  ai¥'ft)ul,  <ipfe  uttJ^ed 
agjunst  England  e'^^ery  dtiy  ;  ifrhilc  the  dferiibcriMiick  'piif)t!*«^:ii*e 
incessant^' appraudiftg'  Firince.  "  A    C'Aro«?cM  w*Mk;r''*4^4- 
sents  her'aif  lietiigrf,''  and   sfiy^v  "^e  ought ' to  -j<»m   sA-^feiilt^? 
the  French  afc'^th^'Iit^a'd  bf  a  federal  afllahce'  a^dk^t'her.'    The 

,  Babylon';  and  says  that  she'fi^^Ktilft^''  be 


Aurora  calls 
torn  --  ---=-==   =^-^ 


\ilZ 


Swklwbd  V' u       wis      CaIw      TVi 


\^k    x.it.\^    &wv«s 


WiKi 


Mii  fen^fiiieraUii^'^  letter  of  Cliimpagny,  friemJlj'  tefflRlfoeliil. 


.'.    u 


J'  *«ar 


ns. 


i    i 


'iO 


if- That  these  ^nd  other  writers  should  speak  as  they  do  is  ex- 
plained on  an  easy  principle  ;  a  ^jinciple  on  which  they  w.,uld 
«;ry  vjp  Bpnapart<p  ag^st  Mr.  Jefierson,  But  is  Mr*  Jefferson 
to  take  this  ground  ?  Is  he  ready  to  sacrifice,  if  he  could,  by  a 
sipgle  stroke,  the  pride,  the  interest  an*  the  confidence  of 
America,  along  with  the  libe^rtie 3  of  the  Universe.  He  knows 
that  Engisind  is  harmless,  and  that  is  the  very  reason  for  insult- 
ing heir.  With  France  there  must  be  a  struggle,  and  he  would 
Iqss  th^  rqd  rather  than  provoke  it.  For  this  very  reason,  on 
<he  contrary,  Q^ght  our  whole  nation  tp  be  armed.  But  alas  ! 
that  is  a  prohibited  measure.  We  ijoight  become  too  strong  at 
Jlipme  for  the  wishes  of  our  foreign  ally,  or  Qf  those  who  may 
wv»t  to  4<i8troy  qur  liberties,  by  the  aid  of  foreignTS.  The 
United  St^eSf  then,  must  for  the  present  have  a  Gun-boat-navy, 
#  petty  waf  establishment,  and  puAy  f^itifica^ions,  till  they  have 
leave  to  do  more,  or  till  it  may  be  too  late.  Yet  peace  in  Eu- 
.:,'ope  may  we  concluded  in  six  months,  apd  in  six  months  follow- 
■Jj^g,  Bonaparte's  armies  may  arrive  here,  conveyed  by  his  navy, 
and  be  connected  with  Spanish  armaments,  ^  V 

;  ,  With  yihstlL  easie  fictitious  quarrels  may  be  conjured  up  to  give 
prete:^  to     war  is  kw>wpi  to  every  body.      The   messages 
of  th^  Presiident  to  Qpngress  ag^st  Spain  will  pot  be  forgotten  j 
the  suj^Uea  to  Saint  Domingo, before  and  since  the  prohibitory 
act ;  the  victories  over  the  Insurgent  and  Ber^eau  j  the  c^uarrels 
betweeivour  citizeiisand  the  Frfsnch  ^nd  Spaniards  at  New  Or- 
leans and  al<wig  tlie  Mi^s^sippi ;  l;he  claims  of  Americans  to 
.  lands  ;whiehj  it  is  pretepded  Mrei:^  i?eyer  ^oJd  them,  both  on  the 
,,.^st  a^d  west  side  of  the  ^^flisbisippi ;  the  sums  that  it  will  be 
:  said  are  due  to  France,  for  ha^vi^ig   humbled  England,  arid  de- 
,  fended  the  liberty  of  the  seas,  which,  at  one  time,  America  had 
abapdoiied  j  and  even   the  ingraititude  of  n9t  havinB  assisted 
France  during  and  since  her  revplvtion  in  hj^r  quarrels  with 
Jingland  j    these  and  other  pretexts  will  be  qfferied,  vyhich  it  is 
i^icedless  further  to  enumerate,  since  France  has  shewn,  in  a 
hundred  instanqes  that  she  can  act  without  Djr^te:;ts, 
;  i:M^^  it  is  more  irapoit^t  to  look  at  the  real  motives  which 
■will  impel  franco  to  act  j  and  none  m^re  ,|tin^»jiatii^  can  arise 
tJian  those  offered  by  the  purchase        ^^ouisiana.    "Spain  ajv| 


21 


France,  umtqd  as  <m,  vnW  never  permH  a  boH  astive,  tcsUo*, 
multiplying  nation,  like  the  American,  to  remain  within  J  f«^ 
days  march  of  some  of  her  mines  of  the  precious  metals,,  npr 
m  the  wa>  x>f  spreading  sedition  among  her  subjects.    She  re- 
members how  near  Aaron  Burr  was  to  succeeding,  which  shew 
that  there  is  danger,  even  from  the  individmh  of  ourcountry 
But  a  new  and  considerable  alarm  b  oftered  by  the  discoVeiy 
that  some  of  the  southern  parts  of  Louisiana  may  be  made  into 
a  colony  for  raising  sugar,  rum  and  other  tropical  productions ; 
a  colony  wh'ch  the  British  cannot  easily  attack  j  which  will 
never  went  pro^dsion8,  lumber  or  ships,  either  in  peace  or  in 
war;  which  may  be  cultivated  to  any  extent  and  must  outstrip 
the  West  Indies  ;  a  cQlony»  in  short,  of  whicK^  Mr.  JefTerson 
fondly  but  weakly  sung   the  dangerous  praises.     The  whole 
Xuropean  system  of  colonization,  under  a. mother  country  is. in- 
deed put  into  jeopardy,  by  a  nation  established  in  tljenew  worW, 
on  independent  and  republican  principles,  and  which  threatenf! 
equally  by  its  power  or  its  example  to  detach  the  dependent  col- 
onies from  their  relationship  to  Europe.     This  is  a  jealousy  tp 
which  a  man  like  Bonaparte  must  be  particularly  sensible;;  his 
plan  being  to  subjugate  the  worlds  and  particularly  America,  be- 
cause this  Continent,  in  all  itS  parts,  has  always  been  considered, 
among  th,e  Princes  of  Euro^y  asa  mere  appendage  W  the 
European- governments.    '        . 

Birtl  to  take  the  matter  in  a  ytt  larger  point  of  view  ;  a  man 
with  the  haughty  passi(Mis  of  Bon^arte  will  not  befirtosee  aney 
republican  nation^  calling  -itself  the  second  commercial  pf  op}#, 
^d  leaving  /ranee  to  name  herself  the  third.  Can  he  see  sixiy 
'thousand  seamen  attached  to  »  confederated  government,  and 
placed  in  a  condition  so  commanding  as  that  ofthe  United  States, 
«nd  bold  and  skilful  enough  to  beat  his  own  ships  ?.t  sea,  in 
equal  c6Jnbat$  ;  and  not  wish  at  least  to  divide  it  ?  When  he 
knows  th^t  they  double  their  numbers  in  twenty  five  years,  ar4 
have  a  passion  for  sea  aflFairs,  will  he  not  wish,  not  metely  tf> 
divide,  but  to(  crush  such  a  nation  ?  Why  has  he  sueh  an  enmi^ 

tioB  a^t«Vi>t)^er(u^  uvi  xn^t^ne  ^i^tFranGe}  and  ,th(rtw«Q; 


^2 


a  rival  to  >'waice  in  poiftt$  so  fcsfeeiitial  to  general  aominioii,  as 
til*  world  nour- stands  constituted  ?  Of  course,  these  ai^uments 
^ppljr  with   still  greater  effect  to  a  new  and  growing  nation. 
These  is  something  in  RepublickS,  also,  peculiarl^^gfferisive  to 
a  tyrant:  tJiey  ca;i  have  the cncirgy  of  despotism,  with  mvch 
more  permanence  and  resource.     Republicks,  by  preferring  "to 
look  to  the  people,  are  a  reproach  to  men,  who  never  think' of 
mj  but^ themselves.    The  United  States,  in  a  word,  must  have 
cause  of  apprehensiorf  from  Bonaparte,  for  Bonaparte  has  cause 
of  appreheasion  from   the    United  States.       But    Bonapdrte 
■hi.s  uses  for   all   our  resources,  as    he    has   uses   for   all  his 
dependents.      Americans,  if  cdnq\iei-ed,  wilU  be  calTeid  up(!ni 
to  inan   his  rfavy  ;  to  furnish  him  with  tinmsports  to  convby  his 
troops  to  places  the  most  distant ;  to  yield  him  provisions  ;  to 
give  supplies  to  his  colonies  ;  to  aid  him  with  recruiifi  and  horses 
for  his  armies,  and  to  pay  him  taxes.     Yes,  the  nation  whieh 
fi^ught  Great  Britain  for  a  stsmp  Act,  must  be  called  upon  to 
pay  military  taxes,  of  a  magnitude  which  will  deprive  them  of 
theif  veiy  capitals.    Portugal,  after  paying  tribute  and  shutting 
her  ports,  was  not  the  less  called  upon  to  abandon  to  France  its 
pUblick  govemmf^nt,  as  well  as  the  fortune  of  all  its  individ- 
uals.- •         '■      -  .'■,.;•  ■       ■   .-,.  ;     ,.,    .■ 

■y-  C^  any  thing  of  ♦his  kind  b©;e3.piBcted  or  feared  from  Eng- 
land ?  England,  some  y>:ars  since,  did  her  utmost,  aad  was  ex 
pellod  from  our  tenitory.     It  ia;  indeed  certain  that  England 
«afl  never  affect  our  safetf,  tfcough!.  she  may  our  eo^Viefiience. 
EftgfcSnd,  except  in  India,  has  never  assumed  tlie  tone  attd  habits 
<Jf  a  conqueror,  sir;  ^  »h.,  was  driven  firom  France,  Some  centuries 
agi).    At  each  pea '■*,    -.r  ^  trifling  drij Uiions  have  been  g^iued 
or  lost  by  her  ;  bui  u^i.  great  stiength  has  ariaen  frowx  he/  com- 
mercc,  her  colonies,  her  agriculture,  her  liberty,  aftd  herseamem. 
ih  all'  the  quarters  of  the  world,  put  together,  out  of  li.      ,  she 
has  not  conquered  and^kept,  during  an  entire  eentu^jia  single 
ihilUon  of  people.    Compare  this  with  what  Bonaparte  has  done 
ih  eight  years  without  a  navy  ;  and  recoUectthatpeace  with 
England  gives  hin-  anew  career  on  the  seasijknd  *iiat  heiwill 
iJien  sei-out  tQ  conquer  by  ae%  as  he  has  con%ttfimd.by|?yB<|(^ 


■\yiiat  call  be  said  of  an  administration  at  Washington,  -rhlch 
is  so  erroneous  in  its  politicka,  that  it  hugs  the  lion  which  is  to 
devour  it,  and  endeavours  to  rum  the  only  power  there  is  that 
can  keep  the  lion  in  awe  f  V/hen  President  Adams  boldly  ;'ab* 
lished  the  letters  which  demanded  tribute,  he  set  the  contkient 
in  a  flame,  and  French  partizans  were  silenced.  Mr.  Jefferson 
probably  now  conceals  letters  ot  this  description,  and  tries  to  set 
the  continent  in  a  ilamc  against  Great  Britain.  What  .  con- 
trast! 

As  to  making  the  lion  friendly ;  tyrants  have  no  friends. 
iFriendship,  justice,  virtue,  science  ;  none  of  thi  sf>  ure  the  ob- 
jects of  tyrants.  A  tyrant  has  nothing  in  vie\^  but  dominioh 
and  glory.  Dominion  is  offered  by  America  ;  and  the  gloiy  of 
Bonaparte  will  seem  interested  in  acquiring  that  ^dominion. 
Principles  of  honor  towai-ds  America  are  utterly  oiit  of  the  que*- 
^00. ,  It  will  be  matter  of  cruel  jeBt  and  sarcasm  to  Bonaparte 
to  state  how  America  has  been  duped,  and  what  sums  slie  hft:* 
paid ;  and  that  by  paying  back  a  part  of  her  own  tribute  to  ve- 
U&\  writers,  i  power  has  been  obtained  to  levy  fresh  tribute  mon-» 
^*;t,  Xo  have  deceived  America  will  be  called  a  stroke  of  poli- 
cy, and  Bonaparte  will  boast  of  it,  as  a  rake  boasts  of  the  seduc- 
^iont,  of  credulous  mnocence,  or  the  warrior  ollii»  stratagems, 
and  l^e  politician  of  his  intrigues. 

Perhaps  there  can  be  nothing  more  in  point,  thsm  a  cas^ 
Vr'luch  ought  to  be  well  known  to  Mr.  J.  Q.  Adams,  as  havinj^; 
been  American  minister  at  Berlin — ^that  of  the  king  of  Prusda, 
We  need  not  be  stopped  by  .the  remark,  that  the  several  king;s 
of  Prussia  have  been  petty  Bonapartes,  in  their  way  ;  and  that 
jKVeral  kings  of  Prussia  have  uniformly  conquetsed  or  deceived 
others  ;  fortlie  present  king  of  Prussia  never  conquered  nor  de- 
ceived Bonaparte  ;  and  his  subjects  were  tljet victims,  not  the 
companions  of  bifi  own  malepracticcs.  Conaeqiientiy  Bonaparte 
had  no  excuse  for  'hatiie  did  against  Prussia*  By  a  Manifes- 
to, which  will  descend  to  posterity,  when  party  writings  shall  be 
forgotten ;  by  a  Mt^iifesto  almost  unrivaled  >n  history  for  its  ma- 
terials and  its  talents,:  BjSfoapacte's  honour  was  appealed  to  :  and 
wh*t  wa*  Bwiapartei'flj  aosTTiCr  ?     My  brother  of  Prussia  never 


u 

atri  hav,.  re.i  that  long  paper  of  his  minister ;  its  writer  doc. 
not  understand  Fr.nch.  Does  Mr.  Jefferson  write  shorter  man- 
ifestos, or  better  understand  French  ;  or  has  he  a  better  eause, 
as  bet^veen  man  and  man  ?  He  was  not  earlier  to  acknowledge 
the  sovereignty  of-Bonaparte  than  the  king  of  Prussia,  nor  more 
faithful  a.  an  ally ;  yet  Prussia  was  first  entangled  with  her  al- 
^es,  by  the  policy  of  Bonaparte  ;  then  surrounded  by  troops  and 
drxven  into  war ;  and  some  of  her  generals  and  ministers  being 
a)rt-upted,  the  wai  was  soon  terminated  by  immense  concessions. 
But  the  neace  was  as  M'eacherous  as  the  war ;  the  king  is  not 
allowed  to  govern  the  reru^unt  of  his  dominions,  nor  even  to  re- 

n  T  'I-  ""^^' ' ""'''  '^"  '^"^'^"^  ^  ^"^  ^°"^^-  °f  his  king, 
dom,  dreading  the  still  further  losses  of  liberty  and  life.     This  is 

the  usual  consequence  of  hunting  with  lions.  Holland,  Swit- 
zerland  the  Italian  governments,  Rome,  Portugal  and  Spain, 
have  all  followed  or  are  following  the  same  course,  by  rapid 
step..  And  Mr.  Jeiferson  hopes  to  escape  !  Bonaparte  would 
conceive  It  an  affront  upon  his  understanding,  to  1  ..ve  it  suppos- 
ed  possible  that  we  can  escape.  Mr.  Jefferson  presides  over 
liU^tnf '""""'''  "'  "^  ''  ""''^^''  -dh- country 

J^ZT""  •""'  ''  ''  "''"'  ^'  ^ontradtction  to  those  wh'o 
-)  diftcu  txcs  in  our  trade  are  in  consequence  of  the  British 
Orders  of  Councih     The  J:n:,ar,o  was  laid  before  the  ord    tof 

Ttl' r"  '"""  '  "''  ^'^  --/--'•-  -  w.s  pass      be 
fore  they  were  eontempluted.      Thus  the  stoppage  of  American^ 
trade,  .W..  ana  ou..,ar,.,  had  .othinn  to  do  ;ith  tCe  ord2 
against  which  there  is   so  much  ccnipUunt ;  and  much  as  th<.se 
orders  are^omploin^d  of,  they  arc  less  objectionable  than  the  df> 
crecsof  tl>e  French,  which  are  re-.trict^.vc,  retrospective,  and  in- 
sultmg,  m  a  degree,  never  »^fore  examplod.      The  famous  or- 
«lers  of  the  British  at  the   beginning  of  the  French  revolutiott 
•we.e  issued   under   circumstances   which   strongly  indicated  a 
disposition  in  the  .people  of  the  '.nited  States,  to  take  a  paw  in 
the  war,  on  the  side  of  Ki«nce  ;  but  aiter  the  pacificfc  determina- 
t  ^n  oi  our  government  was    fairly  knm*„,  they  w^a-e  sooft  dr- 
parted   ff:>mi  and  the   isgmica   undo*  tfeem,  in  son.e  measuit 


3-3 

atonedi  But  there  is  this  further  difference  betWden  the  former 
British  orders  and  the  fireaent  French  decrees  ;  namely,  that  at 
first,  the  French  were  considered  by  European  nations  as  rebels 
ayidinsurgents^  and  as  not  entitled  to  the  common  usages  of  war  ; 
just  as  this  free  country  consents  to  consider  the  negroes  in 
Saint  Domingo  as  insurgents,  from  whom  supplies  may  be  law* 
fully  withheld,  by  an  act  of  Congress.  .       - 

The  dispute  respecting  neutrals  will  be  best  seen  in  a  ifamiljar 
point  of  view.     When  nations  go  to  war,  the  principle  of  des- 
troying each  other*  property,  comforts  and  persons,  is  usually 
limited  by  certain  rules  ;  and  the  writers  on  the  law  of  nation* 
collect  these  rules  from  the  great  facts  wliich  pass  in  tlic  world, 
and  from  the  theories  which  these  facts  will  bear  to  have  con- 
nected with  them.     For  those  rules,  however,  to  be  valid  in  any 
given  case,  it  is  clear  that  they  must  be  observed  on  both  sides  ; 
and  that  if  one  side  departs  from  them,  an  equivalent,  coimter-« 
vailing  departure  is  authorized  on  the  other.     It  is  then  that  the 
interests  of  a  third  party  come  into  view,  namely,  those  of  a  neu- 
tral power.       The  neutral  powers  have  a  right  to  say,  that  if 
possible,  matters  ought  to  be  so  adjusted,  as  that  their  trade 
shall  not  be  hurt.  But  if  it  so  happens,  that  one  of  the  belligerent 
powers  goes  to  such  extremities,  that  the  other  party  cannot  in- 
flict equivalent  restraints,  without   injuring  n  utrals,  neutral* 
must  suffer ;  but  then  they  must  be  made  only  to  suffer  in  a 
maimer,  which  shall  shew  that,  not  only  tlie  first,  but  the  sole 
intention  of  every  restriction  is  to  hurt  the  enemy  and  not  tho 
neutral.    Active  neutrals,  in  general,  may  reasonably  expect  to 
enjoy  as  much  trade  as  before  the  war  ;  but  if  they  are  not  con- 
tent with  enjoying  as  much  trade  in  kind  as  before  the  war,  and 
much   more  in  guanttfy,  but  ask  to  be  admitted  to  enjoy  new 
branches  qf  trader   with   one  party,  (such  as  the  colony  trade) 
which  will  destroy  the  balance  between  the  belligerents,  then  tho 
other  party  may  interfere  to  check  this.    Nor  is  it  any  thing  im- 
reasonable  for  tlie  party  which  checks  the  colonial  trade  ol  its  c    - 
my  under  a  neutnJ  fij»g,  to  open  its  own  ports  to  the  same  flag , 


II 


w 


for  while  this  is  a  convenience  to  the  belligerent,  it  is  a  like  conven- 
ience to  the  neutral ;  as  is  proved  by  neutrals  availing  themselves 
of  the  licence  given  for  this  puipose.  If  the  antagonist  attempts 
to  prevent  this,  it  is  the  affair  of  the  neutral  to  determine  wheth- 
er it  will  pursue  the  trade  under  this  risk,  or  abandon  it.  Thus 
it  appearB  that  the  pompous  reference  to  books,  to  the  rules  of 
1756,  to  armed  neutralities,  and  to  the  prior  conduct  of  either 
of  the  belligerents,  is  made  upon  a  false  principle.  When  wars 
depart  from  common  principles,  the  true  rule  to  go  by  is  the 
mode  in  which  one  of  the  belligerents  treats  the  other,  where 
it  docs  not  invade  the  laws  of  humanity  and  justice,  in  points 
■which  are  paramount  even  to  the  rights  of  man.  To  make 
things  still  more  obvious,  suppose  that  1  have  a  pccuniaiy  claim 
on  a  shop-keeper,  whose  trade  is  necessary  to  a  large  tract  of 
country.  "Will  not  the  law  of  every  nation  permit  me  to  seize 
his  goods,  and  shut  up  his  shop,  even  if  the  operation  is  distres- 
sing to  all  the  neighbourhood  ?  Shall  a  belligerent  then  be  sub- 
ject to  every  possible  reproach  and  inconvenience  from  a  neu- 
tral, because  the  neutral  power  does  not  gain  all  she  wishes  ? 
If  we  look  at  the  tables  of  Mr.  Gallatin  and  Mr.  Blodgett,  at  the 
increase  of  the  revenue,  capital  and  navigation,  and  at  the  low 
rate  of  our  insurances,  w^c  shall  see  whether,  in  tact,  we  have 
suffered  by  this  war,  and  whether  that  nation,  which  could  have 
easily  destroyed  our  commerce,  has  done  it.  It  is  so  far  other- 
■"visc,  that  iL  has  been  in  the  mouth  of  too  many  of  our  citizens, 
that  it  Avould  be  well  for  the  United  States,  if  Europe  would  al- 
ways remain  at  war  !  Look  at  the  lead  too,  which  Bonaparte  has 
always  taken  in  refitrictioris,  and  the  insulting  language  in  which 
he  has  ahvnys  imposed  them.  Remember,  that  if  he  confined 
himself  for  a  time,  to  little  more  than  menaces,  it  was  because 
he  hud  not  na\al  force  enough  to  do  as  much  mischief  as  he 
then  threatened.  His  undisguised  language  however  is,  thet 
he  made  the  dccifc  in  November,  180G;  and  as  ho  knew  no 
limits  in  favour  (^f  neutrals,  nvhot  he  made  it  in  1806,  so  he  known 
no  limits  ua  tu  its  cxtentio!\,.      The  pcr.iuns  in  France,  who  had 


ar 


pretended  to  suppose  that  the  decree  had  limits,  were  not  thft 
proper  persons  to  pronounce  upon  it. 

'    Let  Mr  JefFerson  ans\yer  these  arguments.      Let  him  shew 
that  he  has  even  remonstrated  against  French  and  Spanish  vio*. 
lences  on  neutrals.     Still  more  ;  let  him  shew  that  he  has  retal- 
iated on  account  of  them  as  he  has  retaliated  against  England. 
He  well   knows  that  he  neither  prohibits  the  entry  of  French 
goods,    nor    the    entry   of  French    vessels   of    war ;  and  if 
the   Embargo  is   made   a   general  one,  it  should  be   remem- 
bered,  that  it  would   be   useles   against  England,  were  it  oth- 
erwise ;  because  England,   in   case  of  open  trade,  would  get 
the  supplies  she  might  need,  in  defiance  of  our  opposition,  either 
under  the  name  of  sMfimenta  to  the  French,  or  as  real  or  collu- 
bive  prizes  to  her  cruizers,  or  on  the  well  known  principle  of 
forcible  preemption.     The  French  in  the  west  Indies,  according- 
ly, Avell   understand  the  trick,  and  in  a  publick  decree,  call  the 
Embargo  a  new  firoof  of  the  friendaMfi  of  the    United  States. 
When  Mr.  Armstrong  foretold  an  Embargo,  he  was  a  prophet 
of    the     safe     kind ;  foretelling     that     which     he     probably 
knew  ;  for  he  might  have  known,  if  it  were  so,  that  the  Embar- 
go  was   settled   with   those,  whose  will  would  govern.    Thus, 
w  hether  France  wants  money  or  wants  an   Embargo,  France 
must  have  it.  . 

Our  numerous  writers  on  tlie  law  of  nations  ought  to  recol- 
lect, that  if  the  United  States  are  ever  to  take  a  lead  in  mari-- 
time  aflairs,  they  will  require  the  use  of  the  same  principles 
now  asserted  by  England,  because  the  only  mode  in  which  a 
countiy  with  many  seamen  and  a  small  regular  army  can  at- 
tack its  enemies,  will  be  by  distressing  their  trade.  And  let  it 
be  added,  that  when  they  look  to  commercial  firecedcnta  as  a 
rule  fur  the  present  day,  tliey  ought  to  say,  when  they  have 
ff)und  in  history,  that  all  the  kingdoms  of  Europe  have  been 
\initcd  agahist  one.  A  world  then  divided  into  two  parts,  with 
an  impetuous  chief  ut  the  head  of  one  of  the  parta,  is  a  nc^> 
case,  which  rcluscs  to  be  tried  strictly  by  old  rules.      And  ii 


they  are  paiiticiani  as  well  aa  jtiriats^  let  them  s-ecollcfet  how  fat 
it  has  been  political  in  this  mighty  struggle  of  one  state  against 
many,  that  a  republican  adminisii-ation,  at  the  head  of  a  federa- 
tion of  seventeen  republicks,  should  take  the  part  of  the  many 
governed,  by  a  single  despot,  and  should  have  made  her  com- 
mercial regujations  and  commercial  treaties  subservient  to  the 
subjugation  ofthe  last  state  in  Europe,  which  rerasins  possess^ 

«4  of  aSLV  G«Vfi»«MBNT. 


ITXN 


18. 


